Poonam Kumari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12195 of 2019 ====================================================== Poonam Kumari Singh W/o Late Dr. K.P. Singh, Resident of C11 34 Jagat Amrawati Apartment, Mahesh Nagar, Bailey Road, (Officer flat), P.S.- Budha colony, District- Patna, presently posted and working as Assistant Librarian, J.D. Women's College, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Magadh University, Bodh-Gaya through its Registrar. 3.

The Patliputra University, Patna through its Registrar. 4.

The Vice-Chancellor, Patliputra University, Patna. 5.

The Registrar, Patliputra University, Patna.

6.

The Finance Officer, Patliputra University, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Issue involved in the present writ application is promotion from the post of Assistant Librarian to Librarian. The issue of promotion is regulated by the statute and the University is the competent authority.

In the counter affidavit filed on behalf of Staterespondents in most unambiguous terms, with reference to the Scheme under Section 36(7) of the Bihar State Universities Act, 1976 has submitted that the Hon'ble Chancellor has notified a Statute for appointment, promotion and classification of post

Patna High Court CWJC No.12195 of 2019(2) dt.15-10-2019 2/2 vide notification dated 04.03.2014. The affidavit further indicate that promotion on different posts is regulated by the Statute and the promotion committee of the University is proper authority to take such decision.

Considering the fact that there is no decision one way or the other by the University, the present writ application is disposed of with a direction to the respondents Patliputra University to take appropriate decision with regard to the claim of the petitioner for grant of promotion and if the petitioner is found eligible for promotion in terms of the Statute, the University shall take appropriate decision.

Necessary decision in this regard must be taken by the respondent Patliputra University at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U